01. Human rights and fair labour conditions (according to ETI Base Code)
1. The employment relationship is freely chosen
1.1 There is no forced labour, forced servitude or involuntary prison labour.
1.2 Workers are not required to leave a "deposit" or their identification documents with their employer and are free to leave their employer after reasonable notice.
2. Freedom of association and the right to collective bargaining are respected
2.1 Workers have the right, without exception, to organise and form a trade union of their own choosing and to bargain collectively.
2.2 The employer adopts an open attitude towards the activities of trade unions and their organisational activities.
2.3 Employee representatives are not discriminated against and have the opportunity to fulfil their representative functions in the workplace.
2.4 Where the right to organise and bargain collectively is restricted by legislation, the employer shall facilitate and not hinder the development of equal means of independent and free association and bargaining.
3. The working conditions at Böckling are safe and hygienic
3.1 A safe and hygienic working environment is ensured, taking into account the general knowledge of the industry and certain hazards. Appropriate measures shall be taken to prevent accidents and damage to health arising in the course of, in connection with or as a result of work by minimising, as far as reasonably practicable, hazards associated with the working environment.
3.2 Workers shall receive regular and recorded health and safety training. This training shall be repeated for new or re-employed workers.
3.3 Access to clean toilet facilities and potable water and, where appropriate, food storage facilities should be provided.
3.4 Accommodation, when provided, must be clean, safe and meet the basic needs of workers.
3.5 The company complying with the guidelines should assign responsibility for health and safety to a representative of the management.
4. No child labour is used
4.1 There shall be no use of child labour.
4.2 Companies should develop or participate in policies and programmes that ensure the transfer of a child found performing child labour to quality education and retention until the end of childhood.
4.3 Children and young people under the age of 18 are not employed at night or under dangerous conditions.
4.4 These policies and procedures shall be consistent with the provisions of the relevant ILO standards.
5. Minimum wages are paid
5.1 Wages and allowances paid for a regular working week shall at least comply with national legal requirements or the industry standard, whichever is higher. In any case, wages should always be sufficient to cover basic needs and provide some disposable income.
5.2 All workers receive written and understandable information on working conditions in relation to wages before they start work and at each payment on wage details for the relevant reference period.
5.3 Deductions from wages as disciplinary measures will not be permitted, nor will deductions from wages not authorised by national legislation be made without the express consent of the worker concerned. All disciplinary measures shall be recorded.
6. The working time is not excessive
6.1 Working hours are in accordance with national legislation and the industry standard and subsections 6.2 to 6.6 below, depending on where the greater protection is provided. Subsections 6.2 to 6.6 are based on international labour standards.
6.2 Working hours, excluding overtime, must be specified in the contract and may not exceed 48 hours per week.
6.3 Overtime is voluntary. All overtime must be used on a responsible basis and must respect the following: the extent, frequency and hours worked by individual workers and the workforce as a whole. Overtime must not be used as a substitute for regular labour. Overtime is always compensated with an overtime premium, although it is recommended that this should not be less than 125% of the regular wage or taken as time off.
6.4 The total hours worked over a period of 6 days must not exceed 60 hours, unless these are covered by subsection 6.5.
6.5 The total hours worked over a period of seven days may only exceed 60 hours in exceptional circumstances in which all of the following apply:
- This is permitted by state law;
- This was decided in a collective bargaining agreement negotiated freely with an employee organisation that represents a significant proportion of the workforce;
- Appropriate safety measures have been introduced to protect the health and safety of workers;
- and the employer can prove that there are exceptional circumstances, such as unexpected production peaks, accidents or emergencies.
7. Discrimination is not practised
7.1 There shall be no discrimination in recruitment, remuneration, admission to training, promotion, termination of employment or retirement on the grounds of race, caste, nationality, religion, age, disability, gender, marital status, sexual orientation, trade union membership or political affiliation.
8. There is a regulated employment relationship
8.1 The work performed is, as far as possible, carried out on the basis of the recognised working relationship established by national legislation and practice.
8.2 Obligations to employees arising from labour or social security law and regulations relating to a regular employment relationship shall not be avoided by the use of labour-only contracts, subcontracting or homeworking or by training schemes without the intention of imparting skills or providing a regular employment relationship, nor shall such obligations be avoided by the excessive use of fixed-term employment contracts.
9. Inhumane or brutal treatment is not permitted
9.1 Physical abuse or discipline, threats of physical abuse, sexual or other harassment and verbal abuse or other forms of intimidation are prohibited.
The provisions of this Code set minimum standards, not maximum requirements, and should not be used to prevent companies from improving these standards. Companies applying this Code are expected to comply with national and other applicable laws and, where the provisions of the legislation and the Base Code address the same issues, to apply the provisions that provide the greater protection.